Spoto v. Hayward Manufacturing Co.

482 A.2d 91, 2 Conn. App. 663, 1984 Conn. App. LEXIS 699
CourtConnecticut Appellate Court
DecidedSeptember 25, 1984
Docket2365
StatusPublished
Cited by12 cases

This text of 482 A.2d 91 (Spoto v. Hayward Manufacturing Co.) is published on Counsel Stack Legal Research, covering Connecticut Appellate Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Spoto v. Hayward Manufacturing Co., 482 A.2d 91, 2 Conn. App. 663, 1984 Conn. App. LEXIS 699 (Colo. Ct. App. 1984).

Opinion

Borden, J.

The plaintiff in this products liability action was rendered quadraplegic in a swimming pool accident. The defendant is the manufacturer and distributor of a component part of the pool known as a skimmer device. The gist of the plaintiff’s claim was that as he was running toward the shallow end of the pool to assist his young son who was having trouble in the water, he stepped into a hole in the deck of the pool created by the uncovered top of the skimmer device; that as a result he fell in a twisting motion into the pool, landing on the top of his head on the bottom of the pool; and that the defendant was responsible for the ease with which the cover of the skimmer device could be removed. The defendant denied that the cover of the skimmer device was off, and claimed instead that the plaintiff, intending to go swimming, dove into the shal[665]*665low end of the pool from a location different from that of the skimmer device, striking his head on the bottom of the pool.

The jury returned a verdict for the defendant, on which the trial court rendered judgment. The plaintiff appeals1 claiming that the court erred in three sets of evidentiary rulings. We find no error.

Certain of the facts are undisputed, as follows: On August 8, 1971, the plaintiff was a guest at the home of Amerigo and Gloria Párente. At the rear of the home was an in ground swimming pool consisting in part of a vinyl liner laid over sand. The pool, which was installed in 1970, was approximately thirty-two feet long and sixteen feet wide. The longer axis ran in a north-south direction, the northerly end being the shallow end; the shorter axis ran in an east-west direction. The skimmer device consisted of an opening into the shallow end of the pool, at water level, into which pool debris would be drawn, and a connected opening into the deck of the pool from which the debris would periodically be removed. The opening into the deck had a removable cover. The deck portion of the skimmer device was located approximately four and one-half feet from the easterly edge of the pool and ten and one-half inches from the northerly edge of the pool. It was undisputed that the plaintiff either tripped and fell, or dove, into the shallow end of the pool. When the plaintiff did not surface and the others at poolside realized that something was amiss, the plaintiff was pulled, unconscious, from the deep end of the pool. As a result of the contact between his head and the bottom of the pool, he suffered a compression fracture of the C-5 vertebra, resulting in permanent quadraplegia.

[666]*666The crucial factual dispute in the case concerned how, and from what location, the plaintiff entered the pool. The plaintiff claimed to have fallen into the shallow end of the pool after stepping into the uncovered skimmer device. The skimmer device was located on the easterly portion of the northerly, or shallow, end of the pool. The defendant claimed that the plaintiff dove into the pool from the westerly portion of the northerly, or shallow, end of the pool.

I

We first address the plaintiffs third claim of error, because it is the most significant and involves what the plaintiff describes in his brief as the key evidence in the case. This evidence was the testimony and two exhibits prepared by Richard Stone, a physicist presented as an expert witness by the defendant. Stone had done research and performed experiments on the causes of swimming pool accidents.

The evidence challenged by the plaintiff on appeal concerns Stone’s testimony describing his examination of the pool on November 10,1981, more than ten years after the accident; a plaster cast and fiberglass replica of an indentation which he found in the bottom of the pool as a result of that examination; and certain opinions which he gave linking that indentation to the plaintiff’s injuries. An understanding of the admissibility of Stone’s testimony, however, requires, first, a recitation of the prior testimony of Hans Koch.

Koch was a swimming pool repairman who was at the Parente’s pool on a service call related to the pool’s filtering system, which included the skimmer device. He was the only person at the pool who claimed to have seen the plaintiff actually enter the water.

Koch testified essentially as follows: The plaintiff was sitting on a deck chair facing the shallow end of the [667]*667pool. He got up, took off his pants, stripped to his undershorts, walked to a point about three feet easterly from the northwesterly comer of the pool, which was at the shallow end, and made a perfect shallow dive into the water. The plaintiffs chest hit the water first, and his arms were extended straight out with the hands up. The dive was very close to the kind of perfect shallow water dive that an Olympic swimmer would make. Koch could not see if the plaintiff hit the bottom or not. About a minute later, he and the others at the pool pulled the plaintiff, who was blue in the face and unconscious, from the deep end of the pool. A written statement of Koch, including a rough diagram of the location and direction of the plaintiffs dive into the pool, was introduced into evidence by the defendant without objection.

Stone testified essentially as follows: There are two mechanisms that can result in someone diving nearly flat into water and an instant later being rotated straight to the bottom. The first mechanism, which he described as the diver tripping over his arms, occurs if the diver, by trying to force his arms back over his head, resists the natural tendency of his hands and arms to be pushed down as he goes into the water. This resistance results in the vertical movement of the arms stopping, the upper part of the trunk rotating over the arms, and a dive towards the bottom. The second mechanism, which he described as the diver tripping over his trunk, occurs if the diver, after entering the water, ducks his head down and relaxes at the waist. This results in the force on the back of his head pushing the head and trunk down, and the diver being pushed into the bottom of the pool. These two mechanisms can occur in the three foot water level of a swimming pool. The defendant introduced videotapes of dives which Stone had made demonstrating these mechanisms.

On November 10, 1981, Stone examined the entire bottom of the Párente’s pool, under water in a wetsuit. [668]*668The examination was done both visually and tactually. He found an indentation in the bottom of the pool. The indentation was elliptical in shape, roughly eight inches by six inches. The longer axis of the indentation lined up with the longer dimension of the pool; it started out very shallow and got progressly deeper, to a maximum depth of one-half inch. He found no other significant indentations in the bottom of the pool. On the basis of the facts that from August 8, 1971, to November 10, 1981, the water had not been drained from the pool; that the bottom of the pool was sand covered by a vinyl liner which had not been changed; that the pool was subject to normal use in that intervening ten year period; and that, in his opinion, there were no forces acting on the bottom of the pool sufficient to change the configuration of the indentation, Stone expressed the opinion that the lapse of time between the date of the accident and his examination of the pool would not change the configuration of the dent.

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Bluebook (online)
482 A.2d 91, 2 Conn. App. 663, 1984 Conn. App. LEXIS 699, Counsel Stack Legal Research, https://law.counselstack.com/opinion/spoto-v-hayward-manufacturing-co-connappct-1984.